Hy City Enterprises LLC v Jim Degnan Nutraease Distributor (Full Decision _Transfer) [2014] DRS 14507 (10 November 2014)

Hy City Enterprises LLC v Jim Degnan Nutraease Distributor (Full Decision _Transfer) [2014] DRS 14507 (10 November 2014)

The complainant established rights in the mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Citation
[2014] DRS 14507
Parties
Complainant: Hy City Enterprises LLC; Respondent: Jim Degnan Nutraease Distributor
Jurisdiction
United Kingdom
Judgment Date
10 November 2014
Procedural Posture
Domain Name Dispute / Full Decision
Outcome
Domain name transferred to complainant
Legal Topics
Domain Name Dispute, Trade Mark Infringement
Intellectual Property Internet Law Domain Name Dispute Trade Mark Infringement

Case Brief

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Parties

Hy City Enterprises LLC

Complainant

Jim Degnan Nutraease Distributor

Respondent

Procedural Posture

Domain Name Dispute / Full Decision

Legal Issues

  1. 1 Whether the domain name is identical or similar to a name or mark in which the complainant has rights
  2. 2 Whether the respondent has rights or legitimate interests in respect of the domain name
  3. 3 Whether the domain name was registered or is being used in bad faith

Ratio Decidendi

The complainant established rights in the mark, the respondent had no legitimate interest, and the domain name was registered and used in bad faith. Transfer of the domain name was ordered.

Court Disposition

Domain name transferred to complainant

Orders

  • Transfer of the domain name to Hy City Enterprises LLC